The Washington Supreme Court is asking the Legislature to approve a $90 surcharge on a court filing fee to help provide legal help for the poor in civil cases, Chief Justice Gerry Alexander said Wednesday. "Some might say, why should we support this when we face tough financial times?" Alexander asked in his State of the Judiciary address to a joint session of the Legislature. "It seems to me in America, where we rejoice in the fact that we are a nation devoted to the rule of law, we should not ration access to justice." The recommendation comes from the court's Task Force on Civil Equal Justice Funding, created in 2001 to look for ways to cope with the sparse amount of money available for such cases. As the task force was studying the issue, $900,000 was cut from state support for civil equal justice services. That prompted the state's two main legal services providers - Columbia Legal Services and Northwest Justice Project - to cut their staffs, Alexander said. The change would increase the cost of filing a lawsuit in Superior Court to $200. The total fee would be split, with 54 percent going to counties and 46 percent going to the state for a newly created equal justice account. Alexander also requested money for five additional Superior Court judgeships and one additional District Court judgeships, arguing that increased caseloads require more judges. Two of the Superior Court judges and the District Court judge would be in Clark County, with one Superior Court judge added in the joint district that serves Benton and Franklin counties and one each in Kittitas and Kitsap counties. 

According to Alexander, what prompted Columbia Legal Services and Northwest Justice Project to cut their staffs?


Lash is associate dean at the University of Southern California Law School. Johnson is a justice on California's Second District Court of Appeal. Lash and Johnson are co-chairs of the California Commission on Access to Justice. The full report can be viewed at (www.calbar.org). In her year-long odyssey through the California justice system, Katherine, a 35-year-old single mother with three children, experienced failure at every turn. Leaving her abusive husband, she moved into the only apartment she could afford, and soon discovered a broken toilet and non- working oven, rats and roaches, and a fourthfloor landing with no railing. She began withholding rent pending repairs her landlord refused to make, but then her Medi-Cal benefits were cut off when she could not provide rent receipts. She lost health care for her children and herself, although she is a borderline diabetic in need of medication and her children were suffering from rat bites. Katherine tried to seek help through the courts. Representing herself at an administrative hearing, she lost her appeal to restore Medi-Cal benefits because she did not have proper documentation of the rent account. When she went to a courthouse to file a complaint against her landlord, she found the process so confusing that she gave up and went home. According to "The Path to Justice: A Five-Year Status Report on Access to Justice in California," prepared by the California Commission on Access to Justice, Katherine is just one of 4.6 million poor Californians whose basic civil legal needs -- often involving such critical needs as housing, health care, education, employment, safety and transportation -- are not being addressed. California has a critical dearth of legal services for the poor, and, as this report makes clear, it is imperative that the state join with the federal government and private funders to increase resources so that all Californians, regardless of income, have equal access to our justice system. Our justice system is predicated on the assumption that both parties will be represented by lawyers who act as gatekeepers and guides through a complex legal system that would otherwise be inaccessible to many of us. Unfortunately, the most vulnerable members of our society are the least able to afford legal services. California does have a strong network of legal aid organizations that try to help meet the needs of the poor, but there's just one legal aid lawyer available per 10,000 poor people. We may promise "justice for all," but for those who can't afford a lawyer, that promise is often a lie. In its new report, the Commission on Access to Justice notes some significant steps toward providing equal access to justice for all Californians. 

Why did Katherine give up?


Boone, Ia. -Poor and elderly people may soon go without legal representation in Boone County. Boone County Legal Aid, which for 31 years has provided legal services to those who couldn't afford them, will close in February if a $10,000 grant from Prairie Meadows Racetrack and Casino is not awarded. The legal service is one of the few programs in Iowa that offers legal representation to those who qualify without turning to the state for its services. "It is a very sad situation, but that's the fact," said Alan Schroeder, city attorney and supervisor of Boone County Legal Aid. For the past two years using money mostly from the city and county, Schroeder has upheld the outfit alone, taking on about 60 clients a year, and settling cases that range from domestic abuse to bankruptcy. He also has a private practice. If the legal service closes, he's unsure where his clients will go. The city of Boone gave Schroeder $6,300 in July to resolve pending cases, said Kathy Berg, Boone's finance officer. Without that, the program might already be closed. "All governments are having problems with finances," Boone Mayor George Maybee said. "No one else stepped in. The county didn't. The state didn't." Donovan Olson, chairman of the county Board of Supervisors, said the board quit funding the legal service in July because it felt the county didn't need it. Drake University ended its funding after the 2000 spring semester "for a variety of reasons," Suzanne Levitt, the law professor who oversaw the program, said via e-mail. Olson said Schroeder must prove Prairie Meadows is the primary money source for the board to grant the program any more money. Schroeder ran the program without the help of law students or Drake, which had provided as much as two-thirds of the money in some years. 


From what source did Boone County Legal Aid receive two-thirds of its funding in past years?